On the Bill for organizing, arming, and disciplining, the
Militia of the United States.

House of Representatives, December, 1796.

Mr. RUTHERFORD said, he believed the government of the United States had
nothing to do with the militia of the several sovereign states. This was his
opinion, and it was the opinion of the people at large -- however, of nine
tenths of them. The Constitution is express upon this subject. It says, when
the militia is called into actual service, it shall he under the direction of
the general government, but not until that takes place; the several states
shall have command over their own children -- their own families. If the United
States take it up, they will defeat the end in view -- they grasp too much.

With respect to the unconstitutionality, Mr. R. joined in opinion with the
gentleman from New Jersey, (Mr. Henderson.) This law would tend to alienate the
minds of the people of the Eastern States, whose militia were already well
disciplined.

He hoped nothing more would be done, in that house, than to advise {439}
those states who had neglected their militia to revise and amend their laws,
and make them more effectual. This is all this house can do -- all they have a
right to do.